The Supreme Court has issued notices and sought para-wise comments from the federation, the Election Commission of Pakistan (ECP), NADRA, Ministry of Parliamentary Affairs and the Attorney General of Pakistan (AGP) on a petition filed by Imran Khan against 35 million bogus votes in electoral lists.
A three-member bench of the apex court headed by Chief Justice of Pakistan Iftikhar Muhammad Chaudhry, comprising Justice Muhammad Sair Ali and Justice Ghulam Rabbani was hearing the petition. PTI Chairman Imran Khan has requested the apex court to direct the Election Commission to prepare new electoral rolls of eligible voters who may be verified from NADRA for general elections in future, eliminating all bogus voters. He filed the petition through Hamid Khan under Article 184(3) of the Constitution, making the ECP, NADRA and the federation through the Secretary Parliamentary Affairs respondents in the case.
During the course of proceedings, Imran Khan appeared before the bench. But since his counsel was absent, the court adjourned the hearing till April 20. In his petition, Imran Khan has raised a few questions pertaining to the eligibility of parliament. He prayed the court to direct the Election Commission to include voters in electoral rolls for constituencies in accordance with the addresses given on their CNICs and to include their photographs. The petitioner has questioned whether bogus and inaccurate electoral rolls would destroy the very fundamental right of a citizen in a constitutional democracy to elect the representative of his choice. He has also raised the question whether bogus electoral rolls negate the right of vote given to citizens by the Constitution.
Meanwhile, the bench also issued notices to the Speaker National Assembly, the Attorney General in other petition, challenging the constitutional validity of the Election Commission of Pakistan in the light of the 18th Amendment. The petition was filed by Syed Ali Zafar on behalf of TV anchor Mubasher Lucman, who submitted that his case involves issues of public importance.
Zafar argued that the 18th Amendment had changed the composition of the Election Commission which has not yet been constituted. He said Article 218 of the Constitution, as amended by the 18th Amendment, states that the Commission consists of the Chief Election Commissioner as chairman and four members hailing from each of the four provinces to be appointed by the President. He argued that the failure to form the commission would negate the fundamental rights of every citizen of Pakistan.
Published in The Express Tribune, April 13th, 2011.
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